Arizona court reinstates 1864 abortion ban
The law makes all abortions illegal in the state except to save the mother's life
![Arizona march for abortion rights](https://cdn.statically.io/img/cdn.mos.cms.futurecdn.net/gLqkVaiwFr3XdprMuKfHC-415-80.jpg)
What happened
Arizona's Supreme Court on Tuesday reinstated a near-total ban on abortions first enacted in 1864. The law, enforceable again after the U.S. Supreme Court struck down Roe v. Wade, makes all abortions illegal in the state except to save the mother's life.
Who said what
President Joe Biden called the 4-2 decision by the all-Republican-appointed state Supreme Court "cruel" and "extreme." Reinstating a law "from a time when Arizona wasn't a state, the Civil War was raging and women couldn't even vote will go down in history as a stain on our state," Arizona Attorney General Kris Mayes said in a statement. "As long as I am Attorney General, no woman or doctor will be prosecuted under this law," Mayes added.
The commentary
Mayes' decision to not enforce the 160-year-old law could be "challenged by one of the state's county attorneys," The Arizona Republic said. Anti-abortion conservatives are cheering but "Republican lawmakers and candidates" scrambled to distance themselves from the ruling, Axios said. Former President Donald Trump tried to "neutralize or at least muddy" the "galvanizing" abortion issue on Monday, Dan Balz said in The Washington Post. "The Arizona Supreme Court showed just how difficult" that will be.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
![https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg](https://cdn.statically.io/img/cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516-320-80.jpg)
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What next?
The ban will likely remain unenforced for at least 60 days. The advocacy group Arizonans for Abortion Access said it has enough signatures for a November ballot measure enshrining abortion rights in the state constitution.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
'Might sound too good to be true'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
JD Vance's journey from Trump critic to VP short list
In the spotlight The Ohio senator may be an option for a running mate, but he hasn't always thought so highly of Trump
By Theara Coleman, The Week US Published
-
Why are facial recognition technology rules changing in Detroit?
Today's Big Question A wrongful arrest leads to a big settlement
By Joel Mathis, The Week US Published
-
Biden saw neurologist during physicals
Speed Read Following his bad debate performance, many are asking questions about the president's brain
By Peter Weber, The Week US Published
-
Russia bombs Kyiv children's hospital
Speed Reads The daytime barrage interrupted heart surgeries and killed at least 40 people
By Peter Weber, The Week US Published
-
Supreme Court rejects abortion pill challenge
Speed Read Access to mifepristone has been preserved, though some think it is only a temporary victory
By Rafi Schwartz, The Week US Published
-
Will abortion decide the 2024 elections?
Talking Points Abortion access is on the ballot in several states and a focus in the presidential campaign. The question is whether it will boost Democrats as much as they hope.
By Harold Maass, The Week US Published
-
'The future of abortion access in many states may come down to who has the final say'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Supreme Court rejects challenge to CFPB
Speed Read The court rejected a conservative-backed challenge to the way the Consumer Financial Protection Bureau is funded
By Peter Weber, The Week US Published
-
Arizona lawmakers repeal 1864 abortion ban
Speed Read The state's policy was first enacted when Abraham Lincoln was president
By Peter Weber, The Week US Published
-
Arizona grand jury indicts 18 in Trump fake elector plot
Speed Read The state charged Mark Meadows, Rudy Giuliani and other Trump allies in 2020 election interference case
By Peter Weber, The Week US Published